Research On The Transformation Of Common Crime Committed By Accomplice

In common crime, there exists such situation: some not all of the criminals commit the crime beyond the original common intention, which is in accordance with the provisions of transforming crime. In view of this situation, how to convict and punish the one and others is a question for criminal law theory as well as judicial practice. The author puts such ideas on the basis of definitions of transforming crime and others, also in combination with existing legal provisions and academic achievements, that is using common intention and common behavior as the staring point and taking following two aspects into consideration to definite the transformation of common crime committed by accomplice:first, consider the common intention from all aspects, which plays the fundamental role; second, analyze the roles of different common criminals. Meanwhile, the author raises some legislative advice for perfecting existing legal provisions.